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HomeMy WebLinkAboutCornerstone Engineering Inc; 2004-05-24;PWENG424 AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR CARLSBAD BOULEVARD PEDESTRIAN WALKWAY ENHANCEMENT STUDY (CORNERSTONE ENGINEERING INC.) This Amendment N0.L is entered into and effective as of the 18 tl! day of , 2005, extending the agreement dated May 24, 2005 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, (“City”), and Cornerstone Engineering, Inc., (“Contractor”) (collectively, the “Patties”). 33\! RECITALS A. NOW, THEREFORE, in consideration of these recitals and the mutual covenants The Parties desire to extend the Agreement for a period of one (1) year. contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby All other provisions of the Agreement, as may have been amended from time to extended for a period of one (1) year ending on May 24,2006. 2. time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... City Attorney Approved Version #05.22.01 1 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal Michael Callaav. President ATTEST: mjc@cornerstoneeng.com rum-- (print namehtle) (e-mail address) Patricia G. Callaav. SecretarviTreasurer (print namekitle) pac@cornerstoneena.com (e-mail address) If required by City, proper notarial acknowledgment Of execution by contractor must be attached. If a CorDoration, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president "Group €4. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer@) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: City Attorney Approved Version #05.22.01 2 AGREEMENT FOR CARLSBAD BOULEVARD PEDESTRIAN WALKWAY ENHANCEMENT STUDY WITH CORNERSTONE ENGINEERING, INC. is made and entered into as of the day of , 20&, by and between the CITY OF CARLSBAD, a municipal CORNERSTONE ENGINEERING, INC., a corporation, ("Contractor"). RECITALS A. City requires the professional services of an engineering consultant that is experienced in the design of general roadway improvements. B. Contractor has the necessary experience in providing professional services and advice related to the proposed enhancement study of Carlsbad Boulevard and Tamarack Avenue. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of twelve (12) months from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts thereof in an amount not-to-exceed ninety nine thousand five hundred ninety dollars and fifty-six cents ($99,590.56) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. City Attorney Approved Version #04.01.02 1 4. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be ninety nine thousand five hundred ninety dollars and fifty-six cents ($99,590.56). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. City Attorney Approved Version #04.01.02 2 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coveraqes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #04.01.02 3 10.1.3 Workers' ComDensation and EmDlover'S Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providina Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraae. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #04.01.02 4 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: Name Title Dept Address Phone No. Brandon Miles Associate Enaineer Enaineerina - Citv of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-2745 Company Cornerstone Engineering, Inc. Address Phone No. (760) 722-3495 2191 El Camino Real, Suite 208 Oceanside, CA 92054-6224 MICt-CiEL CALLAGY Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #04.01.02 5 Contractor, for Contractor and on behalf of Contractor’s agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor’s services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. - 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #04.01.02 6 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. City Attorney Approved Version #04.01.02 7 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county . 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, dong with thepurchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 8 City Attorney Approved Version #04.01.02 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal CORNERSTONE ENGINEERING, INC., Cig Manager edvhya~ \ ATEST: If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer@) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Deputy City Attolhey City Attorney Approved Version #04.01.02 9 i i i i i i e i e i personally known to me - OR- 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Mubscribed to the within instrument and acknowledged to me thatexecuted signature(s) on the instrument the person(s), or the entity upon behalf of which the person@) acted, executed the instrument. 1 WITNESS my hand and official seal. L i i i i DATE OF DOCUMENT i SIGNER IS REPRESENTING: i i i i i OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. e i TITLE(S) NUMBER OF PAGES ATTORNEY -IN-FACT 0 GUARDIAN/CONSERVATOR NAME OF PERSON(S) OR ENTITY(1ES) OTHER eIt.l).-eoe~~~~~~~e~.~e~e~.~e~e~e~e~e VALLEY-SIERRA, 800-362-3369 APA 1/94 EXHIBIT “A” SCOPE OF SERVICES Itemized List of what Contractor will do for City and at what price. City Attorney Approved Version #04.01.02 10 Exhibit A SCOPE OF WORK, FEE BREAKDOWN AND PROJECT SCHEDULE City of Carlsbad Boulevard Pedestrian Walkway Enhancement Study INTRODUCTION The first part of the study consists of defining the alignment for a 5-fOOt wide asphalt concrete pedestrian walkway on the east side of Carlsbad Boulevard (Coast Highway) extending from the existing sidewalk at the OceansidelCarlsbad boundary north, past the wye intersection with State Street, to the existing concrete sidewalk south of Laguna Drive. Currently, over this section of roadway bicyclists use a road shoulder and pedestrians use either the road shoulder or a dirt path beside the pavement to cross the environmentally sensitive Buena Vista lagoon. Walkway alignment alternatives will be developed which avoid, to the greatest extent possible, impacts to the wetlands. The existing bridgelculvert near the Oceanside boundary will also be evaluated for alternatives for the economical addition of a walkway as an attachment to the side of the bridge. The second part of the study addresses alternatives to modify the Carlsbad Boulevard-State Street intersection. The alternatives to be developed and evaluated are: 1. Reconfiguration of the intersection to be more conventional, possibly with a traffic signal. 2. Eliminate all northbound traffic on State Street from Laguna Drive north to the intersection with Carlsbad Boulevard. 3. A Roundabout. All feasible alternatives will be evaluated for compliance with City Standards; enhancement to pedestrian and bicyclist safety (minimize bicycle and vehicle conflicts with pedestrians) and for least impact to the lagoon environment. All alternatives will be evaluated for compliance with ADA requirements. PROJECT DISCIPLINES The disciplines associated with the study are: 1. Civil Engineering including Surveying, Mapping, Geotechnical Engineering and Bridge Engineering. 2. Traffic Engineering 3. Environmental Sciences CIVIL ENGINEERING TASKS Task 1.1 Project Management and Coordination: 0 Project Correspondence 0 Supervision, Coordination and Integration of Sub-consultant Services Preparation and Maintenance of Project Scheduling and Task Completion Reporting Coordination and Communications with City Staff. Task 1.2 Mapping and Field Surveys: The provision of accurate site mapping is essential to the success and practical use of the study. For this project we will provide mapping showing topographic and planimetric features. Pedestrian Walkway Enhancement Page 1 FRASER ENGINEERING, INC. Exhibit A SCOPE OF WORK, FEE BREAKDOWN AND PROJECT SCHEDULE City of Carlsbad Boulevard Pedestrian Walkway Enhancement Study Mapping will be at 1’=40’ scale with I’ contours. A strip of Carlsbad Boulevard will be mapped from Mountain View Drive South of the railroad bridge to several hundred feet North of the Carlsbad/Oceanside boundary, a distance of approximately 2,000 feet. Similarly, State Street will be mapped from Laguna Drive North. The field surveys consist of a “ground control” survey and topographic surveys Features to be included in the topographic survey will include: 0 Striping and signing; 0 Pavement Legends; Curb, gutter, sidewalks, bermddikes; 0 0 0 0 0 0 0 0 Rights of way; 0 Property Boundaries 0 Buena Vista Lagoon crossing details, including bridge railings, wingwalls, etc. Utilities, utility access holes/boxes including Pacific Bell vaults; Paving (concrete and/or asphalt) limits; Storm drainage facilities (pipes, structures, invert elevations, etc.); Trees and/or other vegetation including habitat vegetation; Limits of the wetlands as determined by the project biologist; Poles and overhead utilities, including street lighting; Embankments, slopes and major grade breaks; Surveys will be based on City of Carlsbad vertical datum and NAD 83 horizontal datum. This will allow the City of Carlsbad to insert the survey into their GIS system. The topographic survey will be summarized as a text file, and drawn graphically in AutoCAD 2000. If required, this base drawing can be “saved” as an AutoCAD R14 drawing. TASK 1.3 Geotechnical Services 1.3.1 Site Reconnaissance A geotechnical engineer will perform a visual site reconnaissance to observe general site conditions and soil conditions as exposed along the alignment and at the proposed intersection. 1.3.2 Review Existing Geotechnical Data Perform a limited search for available geotechnical information and reports related to existing structures in the immediate vicinity of the project. This may include reports in City of Carlsbad files, Caltrans files etc. 1.3.3 Data Evaluation and Preparation of a Brief Letter Report Perform an evaluation of geotechnical data and constraints based on available records and visible on-site data. The evaluation will include preliminary recommendations for slopes of cuts and fills, retaining wall design parameters etc. sufficient for this preliminary design. A brief letter report will be prepared presenting the preliminary findings and a suggested Geotechnical scope of work for the final design of the recommended alternative. Pedestrian Walkway Enhancement Page 2 FRASER ENGINEERING, fNC. Exhibit A SCOPE OF WORK, FEE BREAKDOWN AND PROJECT SCHEDULE City of Carlsbad Boulevard Pedestrian Walkway Enhancement Study Task 1.4 Preliminary Design Alternatives 1.4.1 Pedestrian Walkway Issues and Alternatives Issues to be addressed in this preliminary design are: 1. 2. 3. 4. 5. 6. Widen the embankment fill along the eastern side of the existing fill embankment to construct the walkway without impacting wetlands. If necessary and where required, the use of a small retaining wall will be considered to prevent wetlands impact. Construction of a dedicated walkway adjoining or attached to the existing Buena Vista Lagoon bridge/culvert structure which will not infringe into wetlands. Trees north of the bridge/culvert, design alternatives to be investigated: 0 “Meander” the sidewalk around the existing trees; Remove the existing trees and provide new landscaping (trees, etc.) Delineation techniques to separate bicyclists from pedestrians. Use of colored asphalt for the walkway. Based on existing record information, identify and describe the hydraulic limitations of the existing bridge structure. The elevation of the roadway embankment is approximately at elevation 10 feet above M.S.L. and hence is subject to floodwaters crossing the roadway during periods of heavy rainfall. Also, long range planning for the Buena Vista Lagoon may include raising the roadway elevation, roadway widening, addition of bridges or culverts etc. Accordingly, the improvements recommended in this study will reflect that there may be major changes to this portion of Carlsbad Boulevard in the future and hence the useful life of the improvements may be limited. 1.4.2 Intersection Issues and Alternatives At the intersection of Carlsbad Boulevard and State Street, the northbound lane of State Street merges directly into an exclusive northbound Carlsbad Boulevard traffic lane. 1. Upon completion of the topographic mapping, the traffic analysis and the wetland delineation, the following design alternatives will be developed to meet the project goal of potential modifications to the intersection. Reconfiguration of the intersection to be more conventional, possibly with a traffic signal. 2. Eliminate all northbound traffic on State Street from Laguna Drive north to the intersection with Carlsbad Boulevard. 3. A Roundabout. The design alternatives will consider existing geometrics, environmental constraints, and economic feasibility. Each alternative will be prepared as a separate drawing using the base map created in Task 1.2. These drawings will be in digital format (AutoCAD 2000) on 24”x36” sheets and shall contain, as a minimum, the following: 0 0 Basis of bearing; 0 Design Alternative designation; 0 Design alternative proposed improvements; 0 Modifications to existing infrastructure; Standard City of Carlsbad title block information; Horizontal and vertical control datum and description; Pedestrian Walkway Enhancement Page 3 FRASER ENGINEERING, INC. Exhibit A SCOPE OF WORK, FEE BREAKDOWN AND PROJECT SCHEDULE City of Carlsbad Boulevard Pedestrian Walkway Enhancement Study 0 Signing and striping changesladditions; 0 0 Vegetatiodhabitat to be removed or saved; Recommended environmental mitigation (if necessary); Identify existing/proposed right of way and/or easements. I .4.3 Capital Cost Estimates A planning level cost estimate will be prepared for each of the preliminary design alternatives. Task 1.5 Bridge Widening Feasibility Study. (Simon Wong Engineering Company, SWE) The existing structure is approximately 32’ long and 46’ wide. The bridge may need to be widened to the east to accommodate a 4’ pedestrian sidewalk and possible additional requirements for a bike path. The scope is as follows: I. Locate as-built plans if available. 2. Review as-built plans and determine feasibility of widening. 3. Develop 1 I”x17” alternative and cost estimate for bridge widening. 4. Prepare feasibility report. The hydraulic limitations of the existing bridge structure will be addressed in Task 1.4.1. Environmental issues and constraints associated with the addition of a sidewalk will be addressed in Task 3 Environmental Services. Task 1.6 Draft Design Alternatives and Preliminary Design Report The Draft Alternatives and Preliminary Design Report will include conceptual plans for each of the major alternatives and sub-alternatives at 1”=40’ scale on 24”x36” sheets, cost estimates, the Geotechnical Letter Report, the Traffic Operations Analysis Report, and the Bridge Widening Feasibility Report. Five (5) copies will be submitted. Task 1.7 Meetings As prime consultant we will attend meetings with City staff or other agencies for up to 24 person-hours. This does not include time for our subconsultants, which is included in their respective scopes. Task 1.8 Final Report: The Final Report for the project contains the information presented in the Draft Design Alternatives and Preliminary Design Report plus 0 0 City comments as compiled by the City’s Project Manager so as to avoid conflicts and to clarify. Conceptual Plans reduced to 1 I”x17” format for inclusion in the Final Report. Additions, deletions or other improvements to the final document for clarification and accuracy. A scope of work description of the work necessary for final design services. Pedestrian Walkway Enhancement Page 4 FRASER ENGINEERING, mc. Exhibit A SCOPE OF WORK, FEE BREAKDOWN AND PROJECT SCHEDULE Citv of Carlsbad Boulevard Pedestrian Walkwav Enhancement Studv Electronic copies of the alternative plans (AutoCAD 2000) and electronic copies (MS excel spreadsheet format) of the Capital Cost Estimates will be submitted separately. Ten (IO) copies of the Final Report (stamped and sealed by a Registered Civil Engineer licensed in California) will be submitted to the City of Carlsbad as a final deliverable. TRAFFIC ENGINEERING TASKS. (KATZ, OKITSU & ASSOCIATES, KOA). Task 2.1 Document Review If available, the most recent available peak hour and 24-hour count data near the project site will be obtained from the City of Carlsbad records. We will commission traffic counts to obtain all necessary data that is not available from City records. Task 2.2 Data Collection This scope of work and cost estimate assumes that 24-hour machine counts at up to three locations will be required. These locations include Carlsbad Boulevard, State Street and Carlsbad Village Drive. We expect that AM and PM peak hour intersection turn volume data will be collected at the intersection of State Street and Carlsbad Boulevard. We will develop future volumes by utilizing the most current SANDAG forecast model. The future time horizons will include 2010 (future) and 2020 (build out). We assume that the SANDAG forecasts will require no verification by our staff or that of our consultants, and that all volumes contained in the forecasts will be representative of all planned and approved developments and circulation improvements in the study area. Task 2.3 Alternative Analysis Scenarios This project includes an overall evaluation of alternatives for the improvement and enhancement of the study area. This scope assumes that Katz, Okitsu & Associates will perform analyses for four alternatives at the intersection of Carlsbad Boulevard and State Street. The alternatives have been outlined and are as follows: Alternative 1: The construction of a pedestrian walkway on the east side of Carlsbad Boulevard. This alternative includes the analysis and recommendations to the geometric configuration of the walkway, bike lane and travel lanes for this segment of roadway. Alternative 2: The construction of a roadway segment connecting State Street and Carlsbad Boulevard to the south of the existing “Y intersection. This alternative includes the analysis and recommendations for the type of intersection control, pedestrian improvements and the effect on traffic patterns. The geometry of the new intersection will be evaluated for sight distance and traffic operations. Alternative 3: The reconfiguration of the intersection to allow southbound traffic on State Street only. This alternative includes the evaluation and recommendations for the geometric improvements and the redistribution of traffic patterns and their affect on the vicinity roadways. Alternative 4: The construction of a roundabout at the intersection. This analysis will focus on the development of a geometric concept and analysis of the operations of the roundabout and will include any additional recommended geometric improvements. Pedestrian Walkway Enhancement Page 5 FRASER ENGINEERING, fNC. Exhibit A SCOPE OF WORK, FEE BREAKDOWN AND PROJECT SCHEDULE City of Carlsbad Boulevard Pedestrian Walkway Enhancement Study This project includes an overall evaluation of alternatives for the improvement and enhancement of the study area. This scope assumes that analyses will be performed for the four alternatives at the intersection of Carlsbad Boulevard and State Street. The alternatives will be evaluated based on level of service (LOS) at the intersection of Carlsbad Boulevard and State Street, as well as the roadway network in the vicinity as it may be affected by the redistributed traffic. The traffic operations and how they may be affected by the roadway geometry will be evaluated and recommendations for improvement will be given for each alternative. Task 2.4 Analysis Timeframes and Methodology The traffic analysis will follow the guidelines of the City of Carlsbad. Peak hour and daily traffic will be evaluated at the study intersection and road segments for each of the alternatives and the following timeframes: 0 Existing 2004 0 0 0 Build out conditions (2020). Project opening year conditions (2005) Project future year (201 0) We will develop traffic volume forecasts for all study intersections and roadway segments for each scenario listed above. Peak Hour intersection traffic analysis will be based upon the HCM 2000 operational analysis methodology. We will perform the analysis of peak hour intersection conditions using the Synchro software package. Roadway segments will be analyzed based on the City’s roadway segment capacity table. The roundabout alternative will be analyzed using the currently accepted Federal Highway Administration’s Highway Capacity Manual (HCM) 2000, Transportation Research Board, Chapter 17,Part C Roundabouts and Roundabouts: An Informational Guide, Federal Highways Administration, Chapter 4-Operation. Task 2.5 Traffic Analysis Report With our traffic consultants, Katz, Okitsu & Associates, we will produce a stand-alone traffic analysis report that would be submitted to the City of Carlsbad. The report will include appropriate maps showing the study area, study roadway segments and intersection. There will also be diagrams showing peak hour turning movement volumes at the study intersections for the each scenario, and any figures that may be required or pertinent in the report. All assumptions, calculations and results of the traffic analyses will be documented in this written report with tables and graphics. The report will discuss the analysis and methodology used in the study. Results of the evaluation of each of the alternatives will be reported; as well as any recommendations that are appropriate will be outlined. Task 2.6 Traffic Subconsultant’s Meetings Our traffic subconsultant will prepare for and attend a maximum of four (4) meetings with City staff or other agencies. This effort is estimated to require 10 hours. Pedestrian Walkway Enhancement Page 6 FRASER ENGINEERING, /NC. Ewhibit A SCOPE OF WORK, FEE BREAKDOWN AND PROJECT SCHEDULE Citv of Carlsbad Boulevard Pedestrian Walkwav Enhancement Studv 3.0 ENVIRONMENTAL SERVICES TASKS (MERKEL & ASSOCIATES, M&A) Task 3.1. Field Analysis This task would include a visit to the site with Fraser Engineering Inc’s. (FEI) survey crew to plot the wetland boundary adjacent to the east side of Carlsbad Boulevard. Task 3.2. Report Preparation M&A would provide a letter report with figures and a delineation (wetland data form) appendix that details the wetland delineation completed and summarizes the boundaries for various regulatory agencies (Army Corps of Engineers, Coastal Commission, and California Department of Fish & Game). If wetland impacts are unavoidable the following permits may be necessary, depending upon the location (relative to jurisdictional boundaries) and the impact area: Section 404 Clean Water Act Permit, Section 401 Clean Water Act/ Regional Water Quality Control Board Certification, Coastal Development Permit, and California Department of Fish and Game Streambed Alteration Agreement. M&A would collaborate with the project engineer through the study/ project development process to minimize the need for wetland permits while achieving the goal of the project. Depending upon the results of the initial study the project may not require wetland permits, if impacts can be avoided. In the event that wetland permits are necessary, M&A would be available to prepare the permit request submittal packages and coordinate with the resource agencies as necessary. Task 3.3. Letter Assessment of Preliminary Engineering Plan Following completion of an alignment study and project footprint determination by Fraser Engineering, M&A would review the project and provide a biological critique of the proposed design for each alternative. The intent is to identify the potential impacts anticipated from the project work and the form of subsequent biological review and environmental permitting anticipated. The potential project impacts will determine the appropriate California Environmental Quality Act (CEQA) documentation. In terms of biological resources alone, potential significant impacts (per CEQA) include impacts to sensitive wetland habitats, wetland buffers, and in-water habitats (from shading), as well as impacts to any significant populations of sensitive species that may occur within the impacted area (e.g., California Brown Pelican and California Least Tern). However, if impacts could be restricted to non-sensitive habitats (e.g., ice plant, rip rap) they would not be significant. Possible Additional Services Services rendered for out-of-scope work will be billed based on a negotiated fee schedule if written authorization is first obtained from Carlsbad. Out-of-scope work will include all items not specifically detailed in the work scope above, which includes, but are not limited to, the following: Requests, either by the local agencies or the client, for items not covered in the scope of work described in this proposal. Study of additional intersections or segments. Traffic Analysis at additional years. Changes in project assumptions after the start of work. Attendance at additional meetings. Geotechnical Borings or other Geotechnical Services Additional Environmental Services required by a jurisdiction or resource agency, or directed searches for particular species etc. Plats and Legal Descriptions Title Reports Detailed Design Services Additional or supplemental hydraulic studies to the existing studies referred to in Item 6 of Task 1.4. ?. Pedestrian Walkway Enhancement Page 7 FRASER ENGINEERING, INC. Exhibit A SCOPE OF WORK, FEE BREAKDOWN AND PROJECT SCHEDULE City of Carlsbad Boulevard Pedestrian Walkway Enhancement Study Additional copies of documents or reports. SCHEDULE Base mapping will be completed 6 weeks after Notice to Proceed. The draft traffic operations analysis and the draft environmental studies will be available for submission and review by City staff after 14 weeks from Notice to Proceed. The Draft Geotechnical Letter Report will be available for review after 8 week from Notice to Proceed. The Draft Bridge Widening Report will be available for review 8 weeks from Notice to Proceed. The Conceptual Plans will be available for review 8 weeks from completion of the base mapping. The Draft Design Alternatives and Preliminary Report will be available 4 weeks from receipt of final review comments of the concept plans. The Final Report will be available 4 weeks after receipt of comments on the Draft Design Alternatives Report, PROPOSED FEES The fixed fee for the proposed scope of work is based on the expectation of completing all of these services in 2004. The fee breakdown is set forth in the attached exhibit. Additional Services, if required, may be performed on a time and material basis as set forth in the Schedule of Hourly rates also attached. Pedestrian Walkway Enhancement Page 8 FRASER ENGINEERING, /NC. Exhibit A Continued Proposed Fee City of Carlsbad Carlsbad Boulevard Pedestrian Walkway Enhancement Study 2- Man survey Graham Mlchael Erasto I Fraser 1 Shaver 1 Ortiz 1 Chlasson 1 crew 1 Totals Task Description Project Management and $1 1,800.00 $10,212.00 68 $15,176.00 $12,288.00 $3,168.00 $3,152.00 $6,248.00 ~- 32 24 Preliminary Design _i ~- 4 -~ 8 16 - -_- 7 Meetings 8 Final Report 16 16 8 16 ~ __ 700 68 36 $62,044.00 Subtotal Hours: 176 204 Subconsultants Traffic Engineering $1 5,485.00 Bridge/Structural Engineer $5,000.00 Aerial Mapping Services $2,300.00 Geotechnical Services: $3,500.00 Environmental $6.073.00 Subconsultant Subtotal: $32,358.00 75% Markup $3,235.80 Directs: $1,952.76 Total Project Cost: $99,590.56 EXHIBIT A FRASER ENGINEERING, INC. Standard Compensation Rate Schedule Carlsbad Boulevard Pedestrian Walkway Enhancements Effective January 1,2004 ENGINEERING & PLANNING SERVICES: COST/HOUR Chief Engineer/Company Principal Senior Engineer Engineer Associate Engineer Assistant Engineer Engineering Technician IV Engineering Technician 111 Engineering Technician II Engineering Technician I SURVEY I NG SERVICES: Principal Surveyor Senior Surveyor Surveyor Survey Technician IV Survey Technician 111 Survey Technician II Survey Technician I 4-Man Field Survey Crew 3-Man Field Survey Crew 2-Man Field Survey Crew 1 -Field Crew INSPECTION SERVICES: Principal Inspector Senior Inspector Inspector 111 Inspector II Inspector I OFFICE SUPPORT SERVICES: Office EngineedProject Coordinator Office Technician II Office Technician I MISCELLANEOUS SERVICES AND EXPENSES Expert TestimonylCourt Appearance Forensic Engineering CADD Equipment Usage Computer Usage Microfiche Services Mileage Subsistence Outside Services Material and Other Expenses $154.00 120.00 94.00 83.00 75.00 83.00 78.00 63.00 57.00 120.00 114.00 94.00 83.00 69.00 63.00 57.00 *250.00 *208.00 *175.00 *99.00 *120.00 “94.00 *78.00 *63.00 57.00 70.00 40.00 32.00 *225.00 *135.00 **25.00 “-10.00 **10.00 0.35/rni cost cost + 15% cost + 20% NOTES: Hourly billing rates include overhead, profit, employee fringe benefits, including sick pay, vacation, holidays, social security, medical benefits, pension, Workman’s Compensation, and State and Federal Unemployment Tax, etc. All rates are subject to change without notice. Rates indicated above are for Prevailing Wage projects. Overtime is defined as the excess above 8 hours on weekdays and all Saturdays, Sundays and holidays. Hourly rates indicated shall apply to all travel time. Rates are subject to annual adjustments on Januaw I of each year. 4 Hour Minimum I Hour Minimum ** EXHIBIT “B” COMMITMENT TO THE TERMS OF FRASER’S EXHIBIT “A’ Due to the fact that the Scope of Work was prepared by and submitted by Fraser Engineering Inc. on Fraser Engineering letterhead, and Cornerstone Engineering, Inc. has since acquired Fraser Engineering, Inc., I (We), the duly appointed agent(s) of Cornerstone Engineering, Inc. hereby commit to abide to all terms outlined in the attached Exhibit “A. CONTRACTOR CORNERSTONE ENGINEERING, INC., (print namehitle) /+- (print namehitle) City Attorney Approved Version #04.01.02 11 May 20 04 01:17p WILSON PRVES 6617160160 P-1 r MTE(yyIDIvmn , CERTIFICATE OF LIABILIN INSURANCE 05/20/20M mom <661]327-3111 FAX C661)327-U62 ~camFlCA~IslssufDASA MATTER OF uw"loN ONLY AND CONFERS Nom UPON THE CUmFEAE HOLDER THIS CERTIFICATE DOES HOT AMEND, EXTEND OR Wilson, Pavss &Associates 2300 Bahamas Drive . ALTER THE COVERAGE AFFORDED BY THE pouclEs Buow. Bakersfield, CA 93309 Suzanne Lewis INSURERS AFFORDING COVERAGE NAK w INSURED Cornerstone Engineering INSURERA: Assurance compuly of AneFica/Zurich_ 2505 M Street INSURER 8: xv Bakersfield, CA 93301 INSURER C: IHSURER D: INSURER L- SCHEDULED rrvroS NON-OWNfO AUTOS 1 ! W HAVE BEEN ISSUED TOTHE INSURED NAMED ABOM FOR THE WUCY PERIOD INDICATED. NOWITHSTANDIN( F ANY CONTRAcf OR OTHER DOCUMENT WITH RESPECT TO WHlCH THIS CERTIFICATE MAY BE ISSUED OR BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH HAM BEEN REDUCED BY PAID CWMS. I PAS40662172 06/13/2003 06/13/2004 ~BINED SINE LIMIT (m UccidrnY 1.w)o.00( I BODILY IWURY (pa BODILY INJURY IP=.odd.nt) PROPERN OMUGE (*&den0 AUTO ONLY -E*ACcmEN-I OTHER?" MITO my: EACH ffiClRRENCE AGGREGATE ACIG Lr t 1 I I non payrent of pdua will result in a 10 day notice of cancellation ! May 20 04 01:17p WILSON PAVES I i j i j ! , ! ! j POLICY NUMBER: PAS406821 72 EXPIRATION DATE: 06/13/04 6617160160 P-2 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM 6) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY PART. SCHEDULE Name of Person or Organization: The City of Carlsbad (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO 1s AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. CG 20 10 10 93 Copyright, Insurance service Office, Inc., 1992 0 A.M. Best's Rating for Assurance Company of America Page 1 of 1 02303 - Assurance Company of America Member of Zurich Financial Services Group View a list of arouD members or the group's rating A.M. Best # 02303 NAlC #: 19305 Best's Rating A (Exce1lent)c Financial Size Category XV ($2 billion or more) 'Ratingsas of 05/21/2004 11:57:02 AM E.S.T. Rating category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders. Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online. Copyright Q 2004 by A.M. Best Company. Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our tern of use for additional details. http://www3 .ambest.com/ratings/rating.asp?AMBNum=02303&Refnum=02303&Site=rati1... 5/21/2004 Company Profile Page 1 of 2 Company Profile ASSURANCE COMPANY OF AMERICA 1400 AMERICAN LANE SCHAUMBURG, IL 60196-1056 800-3 82-2 150 Agent for Service of Process COLIN J. FLEMING, 560 MISSION STREET SAN FRANCISCO, CA 94105 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 19305 NAIC Group #: 0212 California Company ID #: 1956-2 Date authorized in California: License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: NEW YORK January 07,1969 Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER http://cdinswww .insurance.ca.gov/pls/wu~co_prof/idb_co~prof_utl.get_co~prof?p_EID=3 8.. . 5/2 112004 Company Profile Page 2 of 2 SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Companv Representative in My Area Financial Rating Organizations Last Revised - April 26,2004 02:22 PM Copyright 0 California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get~co~prof?p~EID=38... 5/21/2004 ACORDTM C E RTI F I CATE 0 F L I AB I LlTY I N S U RAN C E DATE (MMIDDMYYY) 0 5/03/2004 526 844-3070 NSURED Cornerstone Engineering Inc 2505 "M" St. Bakersfield, CA 93301 'RODUCER Iealey, Renton & Associates 199 S Los Robles Ave Ste 540 Dasadena , CA 91 101 INSURERS AFFORDING COVERAGE I NAlC # THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERA: Liberty Insurance Underwriters Inc. INSURER B: INSllRER C. INSURER D: :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER DD' ISR GENERAL LIABILITY GENERAL LIABILITY CLAIMS MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: 7 n gg n LOC AUTOMOBILE LlABlLlN ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS H I I GARAGE LIABILITY ANY AUTO EXCESSIUMBRELIA LIABILITY 7 OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY iNY PROPRlETOFUPARTNEFUEXECUTiVE 3FFICERIMEMBER EXCLUDED? 3THER Professional AEE1966310103 -iability POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YYI DATE IMMIDDMYI 5811 3/03 1811 3/04 LIMITS EACH OCCURRENCE S DAMAGE TO RENTED MED EXP (Any one person) I $ I GENERAL AGGREGATE COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY: EACHOCCURRENCE $ $ AGGREGATE $1,000,000 per claim $2,000,000 ann1 aggr. )€SCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS ?e:Pedestrian/Bike Road Enhancement Study CERTIFICATE HOLDER CANCELLATION . City of Carlsbad Attn: Donna Harvey 8- Carlsbad, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL a DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 0 ACORD CORPORATION 1988 ACORD 25 (2001/08) 1 of 1 #M91024 M LE A.M. Best's Rating for Liberty Insurance Underwriters Inc 02087 - Liberty Insurance Underwriters lnc Member of Liberty Mutual Insurance Companies View a list of aroup members or the group's rating A.M. Best #: 02087 NAlC #: 1991 7 A (Excellent)* Financial Size Cateuory XV ($2 billion or more) 1 Page 1 of 1 'Ratings as of 05121/2004 11:57:02AM EAT. Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders. -- -~ __ Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security icon on their web site to promote their financial strength may reaister online. Copyright 0 2004 by A.M. Best Company. Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. http://www3.ambest.com/ratings/rating.asp?AMBNum=02087&Refnum=02087&Site=rati1 ... 5/21/2004 Company Profile Company Profile Page 1 of 2 LIBERTY INSURANCE UNDERWRITERS INC. 55 WATER STREET, 18TH FLOOR NEW YORK, NY 10041 Former Names for Company Old Name: ALBANY INSURANCE COMPANY Effective Date: 12-01-2000 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 19917 NAIC Group #: 0111 California Company ID #: 0695-7 Date authorized in California: December 07,1922 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: NEW YORK Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY FIRE LIABlLITY MARINE MISCELLANEOUS http://cdinswww .insurance .ca. gov/pls/wu~co~prof/idb~co_prof~utl.get~co~prof?p_EID=29.. . 5/2 1/2004 Company Profile Page 2 of 2 PLATE GLASS SPRINKLER SURETY WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - April 26,2004 02:22 PM Copyright Q California Department of Insurance Disclaimer http://cdinswww .insurance.ca.gov/pls/wu_co~prof/idb~co_prof_utl.get_co~prof?p_EID=29. . . 5/2 1/2004 May 20 04 10:35a Cornerstone AGENCY BYRON WALKER 321 STINE R[1 HAHE EAKERSFIELO CA,93309 L bbl 831-0140 AOORESS BYRON WALKER . ,;:is 6613220129 ST. 95 -aIiJT, .ii AOENT :WJ INSURED CORNERSTONE ENGItiEERINI; ZNC. NAME 2505 M ST 6 AOlrRESS BAKERSFIELD, CA 93301 COHHERCIAL CERTIFICATE OF INSURANCE Issue Date: 9/28/2004 This certificate is issued a5 a matter of information only and confers no rights upon the certificate holder. This certificate dpes not amend, extend or alter the rnveri-se ariur Jet! by the policic~s ShCi:i.i hvlllcr, 4 CnfiPANIES PFiDUIRING CWERAGGE: h;Y& TRUCK INSURANCE EXCHANGE Company- Letter b FkRHERS INSURANCE EXCHANGE Campany Company Letter C KID-CENTURY INSURANCE mmNY Letier- D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NCIHEO ABOVE FOR THE POLICY PERIOD INOICATEO. HOTWITHSTANUING ANY REqUIREHENT, TERM OR CONOITIGN OF ANY CONTRACT Uk UTHER UOCUHENT WITti RESPECT TO tiHlCH THIS CERTITICfiTE HAY BE ISSUED OR HAY PERTAIN, THE INSURANCE AFfilriREIl OY SHE POLICIES DESCRlBEU HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AN0 CONOITIONS OF SUCH POLICIES. LIMITS SHOHN MAY HAVE BEEN REDUCED BY PAID CCAIKS. BENERAL LIABILITY Commercial General Liability - Occurrence Version Contractual - Incidental Only Aggregate ProductrComp/aps Aggregate Personal h Advertising In jurq Ouners b Contractors Prot, I Each Uccurence Fire Damage (Any one Fire1 Medical Expense Combined ~~UTOMUBICE LIaerLm Single Limit Bodily Injury (Per Person) Bodily Injufy (Per Accident) Property Dams@ A11 Ouned Commerciai Autos Schedale Autos Hired Autos F(on-Owned Autos Garage Liabilty Gmue Any one PersanL - I i UNBRELLA LiaartIrY I i hit ---Ti- I I I I STATUTORY l EMPLOYERS' LIABILITY DESC R I PTI ON OF 0 PER AT I ONSi WEH ICLEW RESTRICT 3 ONS/S PECI AL 1 TEHS : PEDESSERIAWBTKE RQAD EHHANCEHENT STUDY ATTN : DONNA HARVEY CERTIFICATE HOLDEf! HAHE CITY UF CARLSGAO h4w+w3%E AUORESS CAALSB(III, CA mo% LAN CtLL(I r LUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATE THEREOF ME ISSIJING CONPANY UILL ENDEAVOR Til MIL 36 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAWEU TO THE LEFT, BUT FAILURE TO HAIL SUCH NOTICE SHALL ItlPOSE NO OBLIGATION OR LIABILITY OF AEEY KlND UPON THE COHPANY, ITS &GENTS UR REPRESENTATlVE. A.M. Best's Rating for Truck Insurance Exchange Page 1 of 1 02174 - Truck Insurance Exchange Member of Zurich Financial Services Group View a list of arour, members or the grour,'s rating A.M. Best I: 02174 NAlC # 21709 Best's Ratinq A (Excellent)" Financial Size Category XV ($2 billion or more) 'Ratings as of 054?1/2004 11:57:02AM E.S.T. Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders. Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's .balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online. Copyright 0 2004 by A.M. Best Company, Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. http://www3. ambest.com/ratings/rating . asp?AMBNum=02 174&Refnum=02 174&Site=ratir.. . 5/2 1/2004 ~~ ~ Company Profile Page 1 of 2 Company Profile TRUCK INSURANCE EXCHANGE P.O. BOX 2478 TERMINAL ANNEX LEGISLATIVEREGULATORY AFFAIRS LOS ANGELES, CA 90051-2478 888-516-5656 Attorney in Fact TRUCK UNDERWRITERS ASSOCIATION, 4680 WILSHIRE BL LOS ANGFLES, CA 90010 Agent for Service of Process DOREN E. HOHL, 4680 WILSHIRE BLVD. LOS ANGELES, CA 90010 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 21709 NAIC Group #: 0212 California Company ID #: 1199-9 Date authorized in California: Company Type: Property & Casualty State of Domicile: CALIFORNIA February 01, 1935 License Status: UNLIMITED-NORMAL Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE Company Profile Page 2 of 2 LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPFUNKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - April 26,2004 02:22 PM Copyright Q California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get~co~prof?p~EI=3 1.. . 5/2 1/2OO4